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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (March 21, 1909)
THE SUNDAY OREGONIAN, PORTLAND. MARCH 21, 1909. MILLION AND HALF jury reported and comforted the daughters of Colonel Cooper. Several other friends were with them, and ac companied them to the room of1 the de fendants, where they awaited the ar rival of bondsmen. After the bondsmen had signed the party was whirled away in the Burch automobile to .the Bradford home. There will be no further proceeding In the case for about a week. HARPER AND KERN IF YOU WANT TO KNOW WHAT SMARTLY DRESSED MEN WILL WEAR THIS SEASON ASK BEN SELLING u FOR COOPER BOND WILL NOT TESTIFY Citizens of Nashville Oversub scribe $50,000 Bonds by Many Thousands. VERDICT SECOND DEGREE Jury Compromises In Case and Fixes 2 0 Years as Sentence Iefense Gives Xotlce of Appeal. Will Argue in Week. XASHVILL.I3, Tpnn., March 20 Colonel Duncan B. Cooper and his son Robin wore found gjuilty in the second degree of the murder of ex-Senator Carmack today by the jury that has been hearing the case for the past nine weeks; and upon recommendation of the Jury, wnich In T:messce has the power to fix sen tence ;n all but first degree crimes, were sentenced to the maximum penalty of 20 ywa in the State Penitentiary. Attorneys for the Coopers at once sLated that they would appeal from the verdict., basing their action, on the state ment made yesterday at the acquittal or John Sharp, that the Jury was "hope lessly tied up as to .the Coopers;" and declarlnft that this was the real verdict, and that a mistrial had occurred. Judge .-ed th0 bonds of tn defendants at i..00o each. Insa..,tly that the bond books were brought into court there was a rush of Popl9 to siKn them, and as a result the bond totalled nearly Jl.600.000 when the Coopers finally . left the court and retired to the home of Judge J. c. Brad ford. In vain the clerk protested that more than enough sureties had bee-.i signed, but the invariable answer was: Wo want to put our names on that bond, too.' When there was no more room for names at the foot of the document the new bondsmen indorsed it across the face until it was difficult to decipher the signatures. Verdict a Compromise. Inquiry among the jurors after the trial hsd been closed showed that the verdict was a compromise. From the start the jury Mood six for conviction in the first d-Kree with mitigating circumstances five for murder in the second degree with a JO-year sentence, and on for acquittal. On the first ballot Sharp was acquitted nd the conspiracy charge disregarded wednesoay and Thursday the ballots showed the same result. Friday the man who had stood out for acquittal went ovor to the second degree verdict, but insisted on a ten-year penalty fcrly Saturday morning he agreed to the &-yoar term, and then those who . had been in favor of the first degree verdict Joined the others, and the Jury was agreed. The defendants took It coollyalmost without emotion. Mrs. Buren and Mrs. Wilson, the -young daughters of- Colonel Cooper, were brave, and aside from tear ful eyes, restrained their- emotion game ly. Mrs. Burch sat with her arms around her brother Robin's shoulder, anc. Mrs " "on was at her father's right, The jurors looked tired, too, looking disheveled and when the court remarked "I thank you. gentlemen, for your pa tience and devotion to the state, and dis miss you to your homes and your per sonal avocations." the entire 13 sprang from their seats as one man and hurried ly left the courtroom. The defendants and their counsel remained to complete the bond preliminaries and motions for a new trial. Crowd In Courtroom. Various and insistent rumors that the jury had agreed were responsible for a crowded courtroom this morning and for the presence of attorneys for both sides long before, the usual hour for convening court. As soon as Judge Hart entered court, and even before he removed his coat, he ordered the jury and the de fendants brought into court. ' I understand they have agreed," he remarked to the press table, "and am sending to see." In almost a moment 9:25, to be ex act the 13 men entered the room and took the same seats they have occu pied for nearly nine weeks. "Have you agreed upon a verdict, gentlemen?" said Judge Hart. "We have." replied Foreman Burke, hoarsely. "Advance. Mr. Foreman, and read the verdict." "We. the Jury, find the defendants, Duncan B. Cooper and Robin J. Cooper guilty of murder In the second degree and assess their punishment at con finement In the state penitentiary for a period of 10 years." "So say you all. gentlemen?" "So aay all of us." In chorus. Then after the court had dismissed the Jury. Judge Anderson, of the de fense, was on his feet, exclaiming: "Your Honor, we move the case be declared a mistrial, because of the ver dict yesterday. We contend -that yes terday's verdiot was the only one. and that it acquitted John Sharp and de clared a disagreement on the other de fendants. We also ask that the defend ants be admitted to bond." "The verdict of the Jury makes It a bailable case." was the court's retort. "Hence I will fix the bond of each de fendant at $25,000. unless there be some objection. In any event, I will hear arguments.' State Heady for Protest. "It Is satisfactory to us," said At-torney-Uener.il McCarn. "And satisfactory to us." retorted Judge Anderson. "There seems to be nothing left but for the court . to pass sentence." said Judge Hart. "I don't think that necessarv," said Judge Anderson. "We move that judg ment be suspended and that we be given a new trial. We will be prepared to argue the motion later probably next week." "All right. Judge." remarked the court. "I know you will not delay un necessarily and I take It upon your own convenience." "Bring In the bond books," ordered Judge Hart. It was done, and the defendants signed the bond and returned with their relatives and friends to the room they have occupied in the jail build ing. Mrs. Burch. who stood bravely and even smiled In the courtroom, collapsed as she reached the narrow corridor leading to the Jail, and had to be supported by her husband. Mrs. Wilson's eyes were streaming with tears. Both' young women have count ed confidently on an acquittal, al though even their counsel advised gainst building too many hopes on the result. John 8harp hurried to the Court house whan ha heard of the verdict nd was soon closeted with the de fendants and their counsel. Mrs. atiara was in court when the Europe Thinks West Is WQd and Woolly Ciarbled and. Lurid Accounts of Ore Ron Tralat Hold-Vp, Accepted as Authentic, Are Hlshly Diverting;. The fame of the daring hold-up made of the O. R. &-N. train No. 1 near Clar nle last December has spread far and wide. R. F. Roberts, an Englishman passing through Portland, said yesterday that he had noticed in the museum maintained by the city of Birmingham, a copy of the linen notice issued by the Oregon Railroad & Navigation Company. The notice was framed In a wild and woolly setting of stuffed wild animals, with a few revolvers in the background. To hear of the crowds gathered round the notice, one would assume that those who had read the notice believed that hold-ups of this nature were dally occur rences in the West. The notice was do nated by an American tourist, who sup plied a very garbled account. The Insolent swagger with which the robbers were described as going through the train in the appended notice was the most interesting part of Mr. Roberts' story. They were alleged to have taken the valuables of many passengers, some of whom were made to take off their shoes as proof that their gold was not secreted in them, while the ladies were made chastely to salute the modern Tur pins. Mr. Roberts also spoke of seeing a cut of the notice in the Paris Temps, with a translation attached. The Temps dis cussed the matter editorially, informing Its readers that the lack of a police serv ice and the employment of a mere Sheriff and his voluntary deputies was the un doubted reason that the "villains" had not been captured. "Although the West erners cried 'death to the villains.' " runs a translation of the Temps' remarks, "they have never been discovered from that day to this. The Temps was never corrected and Parisians still believe Port land the home of - wild outlaws, free lances and cowpunchers. WAS PIONEER OF 1848 Mrs. Mary J. Hanna liong Resident of Yamhill County. Mrs. Mary J. Hanna. a pioneer of 1X4S, died in this city las Sunday, at the residence of her daughter, Mrs. Samuel H. Davis, 334 Fourteenth street, aged 83 years, t months and 1" days. Mrs. Hanna. whose maiden name was Clark, was born in Mansfield. O., May 16 l&S, of Scotch-Irish ancestry. In early hfe she removed to Paris. 111., and on February 3. 1R42. was married to Stewart Hanna. of that place. In l&tf Mr. and Mrs Hanna, with two small children, deter mined to go West, and that Fall went to St. Joseph. Mo., remaining for the Winter Early in the Spring of 1S48. the necessary outtit of provisions and teams was pro cured, and the journey across the plains waa made. In September of that year the family arrived at Dayton, Yamhill County. Mr. Hanna. who was born in Bellen hench. Ireland, in October. 1798. came to the United Statns in isns t,h ..i.. his parents in Pennsylvania. In early life he learned the carpenter's trade and later that of a millwright, both of which stood mm in good stead in his early pioneer life In Yamhill County. He also followed contracting and farming. He died in Dayton. October 25. 1ST5. He was related to Mark Hanna. of Ohio, on his father's side, and to the well-known millionaire merchant of New York, Alexander T Stewart, on his mother's side. In 1877 Mrs. Hanna removed from Dayton to this city, and made It her permanent residence up to the time of her death. Many years ago she united with the Christian Church, and was a faithful member of that con nection. She was the mother of six children, three of whom survive her, as follows Mrs. Sam H. Davis, of Portland; Mrs! Fred A. Crawford, of Dayton, Or., and Mrs, 13. A. Rowley, of Idaho. She was burled in the family plot at Dayton, on March 17, and multitudes of her old friends and neighbors by whom she was greatly beloved were present at the Interment. AMERICANS JVIN AT CHESS College Men Play by Cable at Princeton and London. PRINCETON. N. J., March 20. For the second successive year the Ameri can college chessplayers, from Colum bia, Newark and Pennsylvania, easily defeated the combined talent of Ox ford and Cambridge today in the an nual cable match for the Rice inter national trophy. Five of the six games ended tonight, with the score 4 to 1 in the Americans' favor. The sixth game, unfinished, goes to the referee for adjudicaton, but the American player has the call. The American players were at Alex ander Hall here and the British players were In a hotel in Holborn, London, and the Americans were represented there by James Mortimer, while Magnus Smith, ex-champion of Canada, repre sented the British players in America. NEW LEAGUE SIGNS PITCHERS Intenuountaln Circuit Gets Three Star Ball Players. BUTTE. Mont.. March 20. (Special.) Manager John Barnes, of the . Butte team of the Inter-Mountain League, announced today that he had purchased the release of Kirby Hoon, the well known pitcher, from the Spokane team of the Northwest League, and had signed Charles N. Elsey and Joe Chev alier. Elsey was a member of the Butte team In the days of MeCloskey, and was a member of the Southern League. Chevalier Is a twlrler from the Coast. TEMBLOR COMES ON TIME Shock Near Barcelona Was Predict ed Two Weeks In Advance. BARCELONA. Spain. March 20. An earthquake shock was felt in Catalo nia Province at 3 o'clock this afternoon. The earthquake shock fulfills a prophecy made a fortnight ago by Emile Marchand, director of the ob servatory on the Pica du Midi, in the Pyrenees. M. Marchand also predicted an earth quake for February 21 In the Alicante His second prophecy created great con sternation among the lower classes. No verification has been received here of the reported earthquake shock. There was no shock at Barcelona. Slight Shock In Portugal. LISBON. March SO. A slight earth quake shock has occurred in Algarve Province. No damage has been reported. Refuse to Tell - Grand Jury About Graft in Los An geles Tenderloin. OSWALD IS STILL MISSING Search Along Mexican Border Proves Fruitless Absence of Three Chief Witnesses May Block Inquiry. LOS ANGELES, March 20. Arthur C Harper, ex-Mayor, and Edward Kern! ex-member of the Board of Public Works, will refuse to answer questions pro pounded to them by the grand jury when they are summoned before that body next week. This is the statement of Horace Apple, counsel for Kern and Harper, who says that he" has advised both men to assume that attitude. The District Attorney's office has been ad vised of the situation. The continued absence of Nick Oswald. i Tenderloin." together with the attitude of Kern and Harper, may render the Work of the grand jury in ohf ?.OUhthe facts a dlfficu't problem. Chief Detective S. L. Brown, of the Eis- I ,ttoJney'a "Wee. returned today rrom Tla Juana and reported that he had covered the surrounding country for a hundred miles around the Mexican bor der in his search for Oswald, but had found no trace of either him or Vetter The detective declared his belief that Os wald was nowhere in that region No arrests have yet been made follow ing the indictments by the special grand Jury of an individual whose name is un healed. Several deputies from the Sheriff s office have been busy since last evening endeavoring to locate the man wanted. Speculation continues as to the identity of the person indicted, and it has been stated with some show of founda tion that the person named is not Nick Oswald. The jury adjourned to meet Monday. HALF-BILLION IN SUBWAYS New York to Make Vast Expendi ture for Rapid Transit. NEW YORK, March 20 The remark able scope of Greater New York's plans llriuJiT , a?euat transportation 5 8 !n2,cated n a statement issued here today, which shows that the expenditure of nearly $500.000 000 ..!?t5mpIatea- of thl" amount nearly 1400,000.000 is included in project! tunnels and subways. Work involving a fourth of this total will probably be gin before the end of the present year. A continuous transit line, which pro P.SeS ,2 8-00,000 system of moving sidewalks beneath Vi - . . . - . 1 1 v n l viuwaeu business centers, is also planned. JAP MURDERER CAUGHT Accused or Killing Foreman of Sec tion Gang in California SALT LAKE CITyTMarch 20. A Jap fefh T corresponds m appearance to the description of an alleged mur derer in a circular issued by Special Agent Klnderland of the Southern Pa cific railroad was arrested by the local police today. The name in the clrcSSr Is Torahiko. The suspect has been known here as Murise. Torahiko is said to have killed the foreman of the section gang with which he was working in California. SENATOR CAN BREAK TIE-UP (Continued From First Page.) ther action will be taken on the direct primary bill. , xf. a cnference of 20 regular Re publican Senators they agreed this morning to stand pat on the provision for vote by assembly districts. The seven Democrats and 13 Republicans who advocate the statewide vote are as determined as their opponents, and de clare that the only way the latter can break the deadlock is to get Black back from Palo Alto. Nebraska Not at A.-Y.-P. LINCOLN. Ieb.. March 20. Nebraska will not exhibit at the Alaska-Yukon-Pacific Exposition. The Senate today killed the appropriation for $15,000 tor that pur pose which had previously met with the approval of the House. FREE PILE CURE Sent to Demonstrate the Merits of Pyramid Pile Cure. What It Has Ione for Others, It Cam Do for You. We have testimonials by the hun dreds showing all stages, kinds and degrees of piles which have been cured by Pyramid Pile Cure. If you could read these unsolicited letters you would no doubt go to the nearest drugstore and buy a box of Pyramid Pile Cure at once, price fifty cents. We do not ask you to do this. Send us your name and address and we -will send you a trial package by mall free. We know what the trial package will do. In many cases it has cured piles without further treatment. If it proves its value to you. order more from your druggist at 60c a box. This is fair, is it not? Simply fill out free coupon below and mail today. FHEK package; covpox Fill out the blank lines below with your n.-.me and address, cut out coupon and mail to the PYRAMID DRUG COMPANY. 190 Pyramid Bldg.. Marshall. Mich. A trial pack age of the great Pyramid Pile Cure will then be sent you at once by mail. FREE, In plain wrapper. . Name Street City and State. HAND-TAILORED and BENCH MADE describes the clothes we sell Every garment handled by ARTIST TAILORS. MY NAME is the only label which is the BROADEST GUAR ANTEE of STYLE correctness and ABSOLUTE SATISFACTION MEN'S SPRING SUITS $20 to $40 LADIES and MISSES' MAN TAILORED COATS shown in our juvenile department. -v Leading Tailor Attempt W ill Be Made to Straighten Terminal Tangle. President Howard EU.'tt. accompa nied by a party of Northern Pacific of ficials, will reach Portland late this week on what Is given out as an in spection trip, but which is understood to be an attempt to end the local termi nal war on a satisfactory basis. A. D. Charlton, assistant general passenger agent, returned yesteraay from a trip to Spokane, where he met the other of ficials and inspected mileage in Eastern Washington and Idaho. In this party w.re: Howard Elliott, president; C. M. Levey, Liird vice-president: H. C. Nutt. general manager; Henry Blakely, gen eral Western freight agent, anu B. E. Palmer, general superintendent. The party was in Spokane last Tues day and went down the Palouse branch of the Northern Pacific and up the Clearwater to Stites. Wednesday the party went over the Grangevllle line and back to Lewlston Thursday. On Friday the officials went over the Snake River branch to Pasco, making the trip on the first train over the new Snake River branch. The party then broke up, Mr. Ievey going East, Mr. Charlton coming to Portland, and President El liott and the remainder of the officials going on to Tacoma and Seattle, from where they will come to Portland this week. "There will be a new Northern Pa cific train between Seattle, Tacoma and Spokane beginning Sunday, March 28." said Mr. Charlton yesterday upon his return to the city. "It will be known as the "Spokane Limited," and will leave Seattle and Spokane at 7 P. M. daily, arriving at the ot;her end of the line at 9 A. M. The train will carry a combination baggage and smoking car. first-class Pullmans from both Tacoma and Seattle, and a combination dlner-bulTet-obseTvatlon car. The service to be Put o wlll be what Is needed to meet the reaulrements or the traffic" A. C. Dore Dies at Aberdeen. ABERDEEN, Wash., March 20. -(Special. A. C Dore, of Canyon City, Or., who was visiting his son here, was found dead in bed this morning. He was 66 years old.. . . -. Robbers Get $200O by Dnamlto. COLDWATER, Okla., March 20. Roh ?r. rnajn,ted tho "afe " the Bank 20OO tday nd ePed with SUH T T llrl ww - rzere iswnat Hundreds ot You Have Been Waiting For. fl lWQ CITITC PHrr Many Have Inqmred the Time of This Sale. So Here It Is LADlE. J oUI 1 b T KIlE We Tell You Free With Each Order for a Gentleman's Suit If. .V 'it ' t ?ir7. ' if YV i YZhy iv iVi 1 - ( rVV it t , At-4 j A'LxAl f ; : 3 I 'IA L - - - I' 1 Beginning tomorrow morning at 8:30 o'clock, this offer will continue during the coming week, giving time that all may be waited on. as it is impossible to at once get an additional number of competent help for bo short a time, therefore, yon may have to call several times in order to make the proper selections, and time is re quired to handle the many orders for gentlemen's suits, in view of the fact that J. M. ACHESON is personally going to take every measure and handle the suit order. There are hundreds of patterns of cloth for GENTLEMEN'S SUITS for you to select from. Prices, as has always been Acheson's custom, are marked in plain figures and at from $25.00 to $45.00. Those don't look like high or raised prices do they? Nothing but all-wool cloth used, and if Acheson can't fit you, why, you know he doesn't want you to have the garment. ' The Complete Sale With each order for a gentle man's to order suit, one lady's ! suit will be given free abso- lutely free and a credit for f one-third off from the price of r! anv hat costing S5 or mnr in ' r km lot-?'? i Field's Millinery Department. K JCTf', Guess it will pay you to get N ( l4hli uncle, nephew, sweetheart or jp some one to buy a man s suit. About Ladies' Suits Can have any shade ladies' suit j you want: three-piece, two-niece I suits : silk dresses, iumoer snita. i . ' ?, . - l r There is a fine range of messa- ' ft - j . . . . . fr-.i imc bjllb. ureases to select irom. f s Va The aim him hoon tn eriua o errant V f"A number of different styles. The sale and display will be conduct ed on our big fifth elevator. JM , , Sc . Kb If. F- i t i - r r 'C . . 4 fit ; , X; w ACHESON CLOM & SUIT CO. 142 Fifth Street and Acheson Building 148 Fifth Street if th floor. Take ) . 1 1 A Li1 ' r?'fj M If i